§ 33-18-17 - Action in name of estate prosecuted by interested person.
SECTION 33-18-17
§ 33-18-17 Action in name of estateprosecuted by interested person. – If an administrator, executor, or guardian shall be requested by any personlegally interested in the estate of a deceased person, or person underguardianship, to commence an action or proceeding to recover any property,personal or real, which the legally interested person may have reason tobelieve should be recovered for the benefit of the estate, and if theadministrator, executor, or guardian shall, for fifteen (15) days after writtennotice so to do, either personally delivered to himself or herself or his orher agent, or left at the last and usual place of abode of himself or herselfor his or her agent, refuse, neglect or for any reason be incompetent, tocommence the action or proceeding, the legally interested person may instituteproceedings in the name of the estate of the deceased person, or person underguardianship, in the same manner and to the same extent as the administrator,executor, or guardian may do in the case of personal property, and in the caseof real estate in the same manner as a guardian, devisee, or heir at law maydo, to recover the property.